[godelski]

You can shout fire in a theater all you want.

What you can't do is shout it in a way that makes people believe there is legitimate danger AND your actions cause subsequent panic.

The crime isn't so much about the speech as it is about the damage that that speech causes.

It's a subtle distinction, but an important one.

[benj111]

And can we agree that there are lies that companies tell on adverts that can cause damage?

Carlsbergs tag line is still "probably the best beer in the world" despite it probably being not.

So the comparison works.

[godelski]

  > And can we agree that there are lies that companies tell on adverts that can cause damage?

Yes, and very often those companies get sued. I'll agree no often enough. But I'll also note that the outrage leading up to the lawsuit is far more visible than the results of that legal action. I'll also agree that that legal action is often too slow.

  > Carlsbergs tag line is still "probably the best beer in the world" despite it probably being not.

The lie has to be believable and cause damage. Was the unclear from my comment?

Even if they remove "probably" they could still get away with it because it isn't going to be believable and I doubt you could show damage. Just in the same way so many cafes have "Best coffee in X" and how frequently you see mugs like "Best Dad in the world." No one is getting sued over those because they aren't believable. I agree they're deceptive and in bad taste, but I think if you take some time to sit down and think about it you'll realize that to make statements like those illegal you're going to have a lot of unintended consequences.

[benj111]

I said you can't say whatever you want without consequence. Giving the example of shouting fire.

You responded pointing out it has to be believable, ie real harm done.

I brought it back full circle showing that adverts can 'lie' if it isn't believable.

I am pointing out you are reinforcing my original point, not detracting from it.

[godelski]

Oh okay that's the misunderstanding. I thought you were trying to rebut my comment. My bad.